The Research Of Rights And Interests Guarantee For Landless Peasant In The Proeess Of Land Expropriation

In recent years, With the process of China’s urbanization, and industrialization accelerating, Whatever infrastructure construction land demand or industrial land demand, the original can not meet the urban land, It is inevitable that the city has borrowed from suburban and rural land, which result a large number of land-lost farmers. Because of legal and institutional defects, farmers cannot receive fair compensation after losing their land, all kinds of conflicts and contradictions constantly deepened, which seriously affect the harmonious development of the urbanization process and economic society.Therefore, reasonably regulating the behavior of land expropriation, construction of land-lost farmers rights and interests safeguard mechanism can not allow to delay.On the basis of predecessors’ research, this paper reviews the formation of land expropriation system in various historical stages and development background, this paper analyses the present situation of land-lost farmers rights and interests which is damaged. According to the research found, farmers and property rights, employment rights, social security have different degrees of damage. This phenomenon causes include the current land expropriation system in land expropriation purpose, the defect of compensation standard and so on;In rural collective land property rights system is not clear and at the same time under the situation of rural social security system is not sound, due to the concept of local government driven, the local government constantly infringe on the lawful rights and interests of land-lost farmers. Therefore, the author found that must perfect the existing land expropriation system and the rural collective land property rights system from two points of view of substantive law and procedural law. Meanwhile, standardize local government behavior in land expropriation, the healthy state of land-lost farmers endowment, medical, employment of the trinity of rural social security system, which are all to safeguard the legitimate rights and interests of land-lost farmers.